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Keisha Williams

Does unemployment affect social security disability - NYS Department of Labor eligibility questions

I've been receiving Social Security Disability for about 8 months now but my financial situation is getting really tight. My disability attorney mentioned something about possibly being able to work part-time under some circumstances, and I'm wondering if I could potentially file for unemployment benefits through NYS Department of Labor if my work situation changes. Does anyone know how unemployment benefits interact with SSDI? I'm really confused about whether receiving one affects the other or if there are restrictions I need to know about before even considering this.

Paolo Conti

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This is a complex situation that depends on your specific circumstances. Generally, to be eligible for unemployment benefits through NYS Department of Labor, you need to be able and available for work, which can conflict with disability status. However, if you're doing trial work under SSDI rules, there might be some scenarios where both could apply. You should definitely contact both agencies to understand how this would work in your specific case.

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Thank you, that makes sense about the able and available requirement. I hadn't thought about how that might conflict with disability status.

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Amina Diallo

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i was on disability for a while and when i tried to go back to work part time the whole thing got really complicated. never tried unemployment though because my lawyer said it could mess up my disability case

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Oliver Schulz

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That's what I'm worried about! Did you end up keeping your disability benefits when you went back to work part-time?

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You're dealing with two different federal and state systems here. SSDI has specific trial work period rules that allow you to test your ability to work while keeping benefits. NYS Department of Labor unemployment requires you to actively seek work and be available for full-time employment. The key issue is that claiming you're disabled but also saying you're able to work full-time creates a contradiction that both agencies will question. I'd strongly recommend getting advice from a disability attorney before making any moves.

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This is really helpful - I didn't realize there could be such a contradiction in the requirements. I should probably talk to my attorney again.

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I had a similar question last year and couldn't get clear answers from either agency when I called. If you need to reach someone at NYS Department of Labor to discuss your specific situation, I found this service called Claimyr (claimyr.com) that helped me actually get through to a real person. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Might be worth checking out since getting accurate information about how these programs interact is so important.

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Never heard of that service but anything that helps you actually talk to someone at NYS Department of Labor sounds useful. Their phone lines are impossible.

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Emma Wilson

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The whole system is set up to make things as confusing as possible. You're disabled enough for SSDI but not disabled enough for unemployment? Makes no sense. Good luck getting straight answers from either agency.

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Hope you figure it out! These benefit programs are so hard to navigate when you're dealing with multiple agencies.

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Yuki Watanabe

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I went through something similar a few years ago. The tricky part is that SSDI allows for a Trial Work Period where you can earn up to a certain amount ($1,050/month in 2024) for up to 9 months while keeping your benefits. But unemployment benefits require you to certify that you're actively looking for work and available for immediate employment, which could potentially conflict with your disability determination. The timing matters a lot too - if you lose a job during your trial work period, you might have a case for unemployment, but you'd need to be very careful about how you present your availability for work. Definitely get clarification from both your disability attorney and maybe a consultation with someone who knows NYS unemployment law before proceeding.

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